Dont Get Burned

April 30th, 2008

Don’t get burned by the new UK fire regulations

New fire safety regulations came into force in October 2006, how will they affect your business?

In 2004 (England and Wales) fire and rescue services attended over 33,400 fires in non-domestic buildings. These fires killed 38 people and injured over 1300!

Fire also costs money. The cost of a fire can be high and afterwards many businesses do not reopen. In 2004, the costs as a consequence of fire, including property damage, human casualties and lost business, were estimated at £2.5 billion

As an employer or responsible person you must carry out a fire risk assessment which is required to focus on the safety in the case of fire of all relevant persons.

Introduction

The new legislation effective from 1st October 2006 requires employers and others responsible for buildings to comply with the new Fire Safety Law! Previously it was the responsibility of the Fire Authority to ensure compliance with fire safety law and this was managed via local fire brigades.

Publication of “The Fire Safety-An Employers Guide” by the Health and Safety Executive (HSE) in 1999 stated the advent of a new employer led approach towards fire safety at work in the UK. This was necessary to bring the UK in line with European Union directives.

New reforms will see a much greater need for employers to comply with fire protection law. The new law means that employers will need to produce fire risk assessments and introduce action plans to minimise the risk from fire and the consequences should one arise.

So the new law will;

• Emphasise preventing fires and reducing risk

• Make it your responsibility to ensure the safety of everyone who uses your premises and in the immediate vicinity

• Do away with the need for fire certificates

The importance of your responsibilities should not be under estimated.

Does this affect me?

If you manage, own or you are the responsible person for offices, shops, factories, hospitals, hotels, care homes, places of assembly and so on, the answer is almost certainly yes! In fact the Fire Precautions (Workplace) Regulations cover all premises that people have access to except for single domestic premises.

What Do I Need To Do?

As an employer or responsible person you must carry out a fire risk assessment which is required to focus on the safety in the case of fire of all relevant persons. The assessment should pay attention to those at special risk, such as disabled people, those with special needs, young persons and must include consideration for any dangerous substances. The fire risk assessment will help you to identify risks that can be removed or reduced and help you to decide the extent of the general fire precautions you need to take.

If the organization or business employs five or more people you must record the significant findings of the assessment. Regardless of the number of employees it is good practice to record your significant findings.

So What is a Fire Risk Assessment

A fire risk assessment is an organized and methodical review of your premises, what activities are carried out and the likelihood that a fire could start.

The aims of the fire risk assessment are:

• To identify any fire hazards

• To reduce the risk of those hazards causing harm

• To decide what physical fire precautions and management arrangements are required to ensure the safety of people in your premises should a fire start.

Your assessment will consider “what if” scenarios and consider such key components as:

• Sources of Ignition

• Sources of fuel

• Sources of oxygen (air)

• Persons at risk

• Means of Escape

• Fire Detection and Warning

• Means of Fighting Fire

• Emergency Planning.

What Next?

Your fire risk assessment should clearly demonstrate that, as far as is practicable and reasonable you have considered the needs of all relevant persons. Whilst it is possible for a simple fire risk assessment to be completed by the responsible person, in the real world employers have other things to think about, like earning a living.

All this may seem daunting however there is help available, there are service providers who are able to supply you with a fire risk assessment as required by this new legislation.

You have the option of completing your risk assessment online via the Internet or by contacting local service providers who will attend your premises and complete a survey of the facilities. Your local fire services are always available to offer advice.

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Medical Malpractice - Understanding When You Have A Case

April 30th, 2008

Most of us take our health for granted until something goes wrong. Even a small amount of pain can dampen your day, so a serious injury can quickly rearrange your whole life. When that injury is not just an accident, but the result of your doctor’s poor choices or negligence, trying to overcome the experience can be incredibly frustrating. If you suspect that the behavior of your medical professional actually hurt you rather than healed you, you may be eligible to pursue compensation for your loss.

Any area of law is full of complications and details, and medical malpractice is no exception. In fact, these cases are among the most difficult to win. So if you have questions about whether your situation may be eligible, read on for a simple explanation of the main factors at play in your potential medical malpractice lawsuit.

Firstly, it is important to understand that not every imperfect outcome of medical treatment qualifies as medical malpractice. Due to the delicate and often mysterious behavior of the human body, medicine is considered almost as much an art as a science when it comes to the law. There can be multiple ways to go at a problem, often with no route ‘better’ than another. Doctors and nurses are expected to use their best judgment, but even this does not guarantee ideal results. Responsible and irresponsible behavior can both have negative results, which is what makes negligence so incredibly difficult to prove.

However, despite the subjectivity that is often a part of the medical process, there are still many standards within the medical profession. Since there is usually no hard line between ‘right’ and ‘wrong’, malpractice is generally measured based on the accepted standard of care for a medical professional’s peers. This means that while doctors have some leeway to perform as they see fit, they do go through medical school for a reason and are expected to heed what they learn there.

So, for example, if your doctor takes 8 months to correctly diagnose your illness when their peers would have taken 2, or if your doctor prescribes a drug that is known as harmful to patients with your condition, malpractice may have occurred. If other doctors are willing to stand up and show that your doctor behaved in a way that deviated from the standard of care, you have the first of the two major components necessary for a medical malpractice lawsuit.

The second necessary component is to show that your doctor’s action (or failure to act) is a direct cause of the ultimate injury. Because the body can be unpredictable, and because patients often have multiple conditions and factors at play, this can also be quite difficult to prove. As with proving negligent behavior in the first place, a medical malpractice attorney can draw on research and peer testimony to establish a connection between your doctor’s actions and your injury.

In sum, if your doctor behaves in a way that their highly-trained peers perceive as inappropriate or misguided, and if that behavior ends up harming you, you may be eligible to receive compensation for your doctor’s negligent actions. But keep in mind that this is only an introductory explanation. It is always advisable, if you suspect you have been harmed, to speak directly with a New York Medical Malpractice Lawyer about the specifics of your case.

In some cases, what may seem like a strong case may turn out to be, in which case an experienced attorney will give you an honest answer. But in many other cases, you may find that you have more recourse under the law than you first expected. As a parting thought, remember that if ever you suspect your doctor is not giving you the treatment you deserve, it is never a bad idea to seek a second opinion from another physician.

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An Introduction to Holiday Accident Claims

April 29th, 2008

When on holiday accidents can and do happen which can result in you suffering an injury. These accidents can often turn a pleasant trip away into a nightmare.

A holiday accident claim can arise in various ways. You could trip on an uneven surface or slip on a spilt liquid in your hotel. You could get food poisoning from poorly cooked food or you could be injured on a broken tile in the swimming pool. These are all examples of holiday accident claims that we have dealt with and succeeded with resulting in our clients being awarded compensation.

In order to make a claim following an accident on holiday you need to have booked the holiday as a package. This means that at least two elements of the holiday must be booked together. A common example is flights and accommodation.

It doesn’t matter if the holiday accident happened at home or abroad as long as it forms part of a package. The accident claim will be dealt with in this jurisdiction so you won’t have the problem of dealing with a claim in a foreign country.

In order to pursue a holiday accident claim it is important that you have reported the accident or illness to the holiday representatives and hotel staff. Other things that will help your claim are photographs of the scene, medical treatment information and any witness details.

We sincerely hope that your holiday is enjoyable and you that you don’t need to make an accident claim. However, if you should suffer a holiday accident or illness we strongly advice you to seek legal advice and assistance from lawyers with experience and expertise in holiday accident claims. You should also ask your legal representation about no win no fee options, and all have all costs detailed in writing before processing your claim.

To find out more about Holiday Accident Claims and other types of Package Holiday Accident Claims please visit www.mycompensationclaim.co.uk.

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Judgment Non Obstante Verdicto - What Is It, And Why Should You Care?

April 29th, 2008

You’ve just won a hard-fought trial. The jury rendered a substantial verdict and you’re happy that you won. Two weeks later the defense asks the trial judge to dismiss your hard-earned verdict and asks for judgment non obstante verdicto. What does it mean and why do you care?

Judgment non-obstante verdicto means that the lawyer is asking the judge to reverse the award or judgment despite the award. It’s a Latin term used to say that the judgment should be overturned despite the verdict. Typically, a lawyer will make this argument when the jury has reached a decision that is so contrary to the evidence that’s been presented.

For example, where an injury victim of hospital wrongdoing has presented eyewitnesses and expert doctors who have testified and confirmed that the treatment she received departed from good care, and the defense does not contradict those claims- it would appear that the decision is a ‘no-brainer’ and the doctor or hospital should be held responsible. However, for unknown reasons, the jury renders a verdict for the defense. In that instance the victims’ attorney asks the Judge to set aside the jury verdict as being against the weight of the evidence.

A decision to overturn a jury verdict by a trial judge does not happen that often in New York- but on occasion it does.

If your attorney tells you that he can’t understand how the jury could possibly have awarded a decision that they did, in all likelihood, your lawyer will suggest asking the Court to disregard the jury’s award and render a verdict in your favor. In the alternative, he may also ask for a new trial.

Gerry Oginski is an experienced medical malpractice and personal injury trial attorney practicing law in Brooklyn, Bronx, Queens, New York, Staten Island, Nassau & Suffolk. He has tirelessly represented injured victims in all types of medical malpractice and injury cases for over 19 years. As a solo practitioner he is able to devote 100% of his time to each individual client. A client is never a file number in his office.

Take a look at Gerry’s website http://www.oginski-law.com and read his free special reports on malpractice and accident law. Read actual testimony of real doctors in medical malpractice cases. Learn answers to your legal questions. We have over 200 FAQs to the most interesting legal questions. Read about his success stories. Read the latest injury and malpractice news. I guarantee there’s something for you. See Gerry’s website at http://www.oginski-law.com Call him at 516-487-8207.

Also, go over to http://medicalmalpracticetutorial.blogspot.com for Gerry’s free instructional videos on malpractice & accident law.

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Surgical Errors Surprisingly Common

April 28th, 2008


Medical malpractice through surgical room errors.

In the United States and all over the world, millions of people enter hospitals every year to undergo various surgeries to help cure what ails them. As patients, our lives are in the hands of our surgeons, and we trust them to use their years of training and specialized skills to “fix” whatever is wrong with us. Unfortunately, surgeons make mistakes, and surgical errors are actually becoming more frequent in the United States.

Thousands of people are injured each year by surgical errors related to medical negligence and medical malpractice. Medical negligence/malpractice is defined as a medical professional’s “failure to exercise the skill, care, and prudence necessary to prevent causing a patient injury or illness.”

It has been reported that there are approximately 98,000 deaths annually in the United States due to errors during surgery. Non-fatal surgical errors occur just as often and often result in serious injury such as paralysis or some other permanent disability.

When patients require surgical procedures, they are informed of the risks associated with that surgery and made to sign a consent form allowing the surgeon to proceed with the required surgery. Virtually all surgeries require anesthesia and with anesthesia come certain risks such as a bad reaction to the anesthesia, blood clots, cardiovascular complications, infections and complications with the healing process. We, as patients, however, do not typically anticipate surgical errors during our procedure. We tend to believe that our surgeon has performed our procedure hundreds, if not thousands of times, and is competent and experienced enough to get through the surgery without committing errors.

Unfortunately, this is not always the case. Surgical errors are some of the most shocking and dangerous of all medical mistakes. Surgical instruments can be left inside patients, surgeons sometimes operate on the wrong site, and sometimes, the even the wrong patient is operated on.

There are several causes of surgical errors including:

· Poor pre-operative planning

· Inattentiveness

· Fatigue

· Miscommunication

· Recklessness

· Poor handwriting

The consequences of surgical errors are usually grave; victims and their families are forced to deal with astronomical medical costs and other devastating consequences including:

· Multiple surgeries to correct the problem

· Nerve and/or organ damage

· Infection

· Scarring/disfigurement

Wrong site surgeries are on the rise, and, in 2006, health care facilities reported that 84 operations were done involving the wrong body part or the wrong patient, even. Some states require hospitals to report such catastrophic errors but many hospitals in the United States are not obligated to account for the mistakes publicly.

There have been recent efforts to fix this problem; since 2004, doctors have been required to mark the spot they plan to cut while consulting with their patient before surgery. Nurses are supposed to call a “time out” in the operating room to call everyone’s attention to a last second safety check in an effort to ensure the right procedure is being performed on the right patient. But many doctors (who feel they wouldn’t make a mistake) ignore these checks.

If you or a loved one has been the victim of a surgical error in Philadelphia or anywhere in Pennsylvania, please contact the experienced Medical Malpractice Attorneys at Pomerantz Perlberger & Lewis LLP.

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Medical Malpractice - 7 Reasons Why Your Case Isn’t Good Enough For A NY Malpractice Lawyer

April 28th, 2008

1. Your injuries are not significant.

In a medical malpractice case in New York the injuries need to be significant for an experienced lawyer to take on your case. The reason is that these cases are very expensive and time consuming. A lawyer generally puts in the same time and effort on a small case as he will on a large case. That is why most NY attorneys will usually take only significant cases.

2. You exaggerate and lie.

If you exaggerate on any aspect of your case, your lawyer may question your credibility. Your believability is the key to your case. If a jury finds that you have exaggerated your injuries or the facts, there’s a very good chance they will turn you out of court without any compensation. If you lie, either to your lawyer, or to a jury at trial, your credibility is gone. Your lie, regardless of whether it is a ‘little white lie’ or a really big fib will likely destroy your entire case. If a jury sees that you have lied, you could possibly subject yourself to perjury charges and lose your case.

3. It’s a judgment call by the attorney.

The attorney may be on the fence about your case. The expert may find there is liability that caused harm. However, there may be something else in your set of facts that cause concern for your lawyer. Your lawyer will make the ultimate decision whether to take on your case. Some lawyers make a gut-instinct call to either accept or reject a case after your initial meeting. If your case is rejected, your lawyer will give you your options and advise you to seek another legal opinion immediately in order to protect your legal rights.

4. You are demanding.

Have you ever walked into a store or a restaurant and heard a customer demand food, utensils, a service in a loud and obnoxious voice? Sure you have. We all have. How about the demanding customer who treats the store clerk or waitress like they are hired help with their sole purpose in life is to serve this one customer? How do you think the store clerk or waitress feels when a demanding customer comes in? Of course the ‘customer is always right’, but how much abuse can a person take before saying something?

There are potential clients like this too. When they come into a lawyer’s office, do you think they get better service or worse service by being so demanding? “I want you working on my case exclusively…I only want you call me at the office, not home…Do not send me any emails…I want to make them pay…I will never settle this case…”

5. You insist you have a case and refuse to listen to the lawyer.

You go to a lawyer for legal advice. If you don’t listen to the lawyer’s advice, why go to a lawyer in the first place?

6. You think you know more about lawsuits and trials than your New York Medical Malpractice Trial lawyer.

Unless you’ve gone to law school and have practiced law for more than 20 years handling medical malpractice and personal injury law in New York, how could you possibly know more about these types of cases than the experienced lawyer you are consulting with?

7. You are a repeat litigator with multiple small lawsuits.

There are some people who make a hobby out of bringing lawsuits. They feel aggrieved about every little thing that is done wrong to them. They take every advantage to use the legal system to their benefit. While there’s nothing inherently wrong with that, when your lawyer learns that you have sued ten people in the last five years for matters ranging from lost clothing at the cleaners, to a restaurant who refused to seat you on time, to your car mechanic who overcharged you $200 for a repair, your medical malpractice lawyer may sense trouble in the future from your legal history.

Conclusion:

Hopefully this will give you some insight into what an experienced New York medical malpractice & accident attorney looks for when you walk into his office.

Gerry Oginski is an experienced medical malpractice and personal injury trial attorney practicing law in Brooklyn, Bronx, Queens, New York, Staten Island, Nassau & Suffolk. He has tirelessly represented injured victims in all types of medical malpractice and injury cases for over 19 years. As a solo practitioner he is able to devote 100% of his time to each individual client. A client is never a file number in his office.

Take a look at Gerry’s website http://www.oginski-law.com and read his free special reports on malpractice and accident law. Read actual testimony of real doctors in medical malpractice cases. Learn answers to your legal questions. We have over 200 FAQs to the most interesting legal questions. Read about his success stories. Read the latest injury and malpractice news. I guarantee there’s something for you. See Gerry’s website at http://www.oginski-law.com Call him at 516-487-8207.

Also, go over to http://medicalmalpracticetutorial.blogspot.com for Gerry’s free instructional videos on malpractice & accident law.

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Push to Ban Smoking Goes Too Far

April 27th, 2008

[This was published June 9, 2007 in the Springfield, IL State Journal-Register]

Both the Springfield, IL anti-smoking ordinance and the Smoke Free Illinois Act have a well-intentioned public purpose - to safeguard public health. But when the Springfield City Council and the Illinois General Assembly included private clubs in their prohibitions, they overreached.

Our fundamental law, the United States Constitution, enumerates many of our individual rights that government is obligated to protect, such as the freedom of speech and the right to a fair trial, but there are also individual rights which, although not specifically mentioned in the Constitution, have been judged to be constitutionally protected by the ultimate interpreter of the Constitution - the United States Supreme Court.

In 1964, the court held that although freedom of association is not expressly mentioned in the Constitution, it is a peripheral First Amendment right because “its existence is necessary in making the express guarantees fully meaningful.” And delivering the opinion of the court in a 1965 case Justice William Douglas wrote, ” … the First Amendment has a penumbra where privacy is protected from governmental intrusion.”

Of course, this does not mean that all private behavior is constitutionally protected any more than it means that all speech is protected - a person does not have a constitutional right to yell “Fire!” in a crowded theater. But it does mean that the government must have a well-defined interest that passes a standard of strict scrutiny when regulating constitutionally protected private behavior like the freedom of association.

Both city and state actions demonstrate that their lawmakers are completely oblivious to the difference between “public” and “private.”

Smoke Free Illinois “prohibits smoking in public places, places of employment, and governmental vehicles …” In order to make their intentions clear, legislators often include definitions of key words within the text of the law itself. In the Smoke Free Illinois Act a “public place” is defined as “that portion of any building or vehicle used by and open to the public …” And to further enlighten their constituents, legislators have provided an “includes, but not limited” list of no less than 50 examples of public places ranging from libraries, museums and concert halls to retail stores, restaurants and bars.

The Springfield City Council provided the same kind of “public place” examples in its anti-smoking ordinance. Unfortunately, there is one entry in both lists, which according to the law writers’ own definitions does not belong - private clubs. Illinois legislators define “private club” to mean, “a not-for-profit association … used exclusively for club purposes at all times” while, at the same time, they declare that “public places” are places “used by and open to the public.”

Whether or not a private club chooses to open its doors to the public is the choice of its members. That choice is what makes it private.

The Springfield daily paper, the State Journal-Register, recently editorialized that private clubs may not opt out of fire safety codes, but neither can private homes. Does this make them public places as well?

Suppose a bunch of guys belong to a duck-hunting club located on several acres of property on which a clubhouse rests, which can be found only if you know where to look.

After a long, cold day sitting in a blind, these guys like to gather in front of a warm fire, down a few beers and smoke cigars. How is public health being harmed, and where does the government interest lie in making this an illegal activity?

Enforcement of such laws on private club members will not make the public safer and will likely require the same kind of approach federal “revenuers” employed when they hunted “moonshiners” during Prohibition. The results would probably be similar as well - few arrests, and a decrease in respect for the rule of law.

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Medical Malpractice - 5 Reasons Preventing You From Calling A NY Medical Malpractice Attorney

April 27th, 2008

1. You are scared.

I don’t blame you. Many people who have never needed a lawyer are hesitant to pick up a phone and talk to a total stranger about an accident or medical mistake that has left them with permanent harm. You don’t know what the lawyer will say or ask.

2. You are embarrassed.

Being ashamed of your injury is nothing to scoff at. Many folks are afraid to accept their injuries and acknowledge how their lives are different now compared to how it was before their accident or injury. Many injured people are afraid and embarrassed to tell their story of what happened to them and how their injuries prevent them from doing their daily activities. They perceive themselves to be weaker now because of their limitations.

3. You don’t want to tell a stranger about your personal troubles.

You don’t know this lawyer from Adam, and he’s going to ask you really personal information about how your injuries have affected you and your relationship with your family. He’s going to ask about your income and earnings. “Why should I tell this stranger all of my personal information?” you ask yourself.

4. Apathy- a lack of interest in pursuing your legal rights.

You may tell yourself, “What’s the big deal? So, I’ll get by without an income for a year or two,” or maybe you think “I have health insurance to pay for all of my medical expenses.” What you don’t realize is that your health insurer may decide to stop paying for your expenses or pay only some of the expenses, leaving you on the hook for the remainder. Then what do you do? If your injuries are significant, you may be out of work for more than the one or two years you thought earlier. What do you do then?

Apathy, or lack of interest, is the surest way to let your time to start a lawsuit lapse. If that happens, no one can help you.

5. You are afraid to stand up for what is right.

When someone did something wrong to you, how do you know it was wrong? Do you get a feeling of injustice when you think about what happened to you? If you do, you owe it to yourself and your family to find out information about whether you have the right to compensation for that injustice and the harm that you suffered.

Gerry Oginski is an experienced medical malpractice and personal injury trial attorney practicing law in Brooklyn, Bronx, Queens, New York, Staten Island, Nassau & Suffolk. He has tirelessly represented injured victims in all types of medical malpractice and injury cases for over 19 years. As a solo practitioner he is able to devote 100% of his time to each individual client. A client is never a file number in his office.

Take a look at Gerry’s website http://www.oginski-law.com and read his free special reports on malpractice and accident law. Read actual testimony of real doctors in medical malpractice cases. Learn answers to your legal questions. We have over 200 FAQs to the most interesting legal questions. Read about his success stories. Read the latest injury and malpractice news. I guarantee there’s something for you. See Gerry’s website at http://www.oginski-law.com Call him at 516-487-8207.

Also, go over to http://medicalmalpracticetutorial.blogspot.com for Gerry’s free instructional videos on malpractice & accident law.

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Suicide Attempts Link Statistics About Teen Suicide and Teen Depression

April 26th, 2008

Teen suicide is becoming more common every year in South America. In fact, only car accidents and homicides (murders) kill more people between the ages of 18 and 30, making suicide the third leading cause of death in teens and overall in youths ages 14 to 22 years old.

Thinking About Suicide It’s common for teens to think about death to some degree. Teens’ thinking capabilities have matured in a way that allows them to think more deeply - about their existence in the world, the meaning of life, and other profound questions and ideas. Unlike kids, teens realize that death is permanent. They may begin to consider spiritual or philosophical questions such as what happens after people die. To some, death, and even suicide, may seem poetic (consider Romeo and Juliet, for example). To others, death may seem frightening or be a source of worry. For many, death is mysterious and beyond our human experience and understanding.

Thinking about suicide goes beyond normal ideas teens may have about death and life. Wishing to be dead, thinking about suicide, or feeling helpless and hopeless about how to solve life’s problems are signs that a teen may be at risk - and in need of help and support. Beyond thoughts of suicide, actually making a plan or carrying out a suicide attempt is even more serious.

What makes some teens begin to think about suicide - and even worse, to plan or do something with the intention of ending their own lives? One of the biggest factors is depression. Suicide attempts are usually made when a person is seriously depressed or upset. A teen who is feeling suicidal may see no other way out of problems, no other escape from emotional pain, or no other way to communicate their desperate unhappiness.

The Link Between Depression and Suicide

The majority of suicide attempts and suicide deaths happen among teens with depression. Consider these statistics about teen suicide and teen depression: about 1% of all teens attempts suicide and about 1% of those suicide attempts results in death (that means about 1 in 10,000 teens dies from suicide). But for adolescents who have depressive illnesses, the rates of suicidal thinking and behavior are much higher. Most teens who have depression think about suicide, and between 15% and 30% of teens with serious depression who think about suicide go on to make a suicide attempt.

Keep in mind that most of the time for most teens depression is a passing mood. The sadness, loneliness, grief, and disappointment we all feel at times are normal reactions to some of the struggles of life. With the right support, some resilience, an inner belief that there will be a brighter day, and decent coping skills, most teens can get through the depressed mood that happens occasionally when life throws them a curve ball.

But sometimes depression doesn’t lift after a few hours or a few days. Instead it lasts, and it can seem too heavy to bear. When someone has a depressed or sad mood that is intense and lingers almost all day, almost every day for 2 weeks or more, it may be a sign that the person has developed major depression. Major depression, sometimes called clinical depression, is beyond a passing depressed mood - it is the term mental health professionals use for depression that has become an illness in need of treatment. Another form of serious depression is called bipolar disorder, which includes extreme low moods (major depression) as well as extreme high moods (these are called manic episodes).

Though children can experience depression, too, teens are much more vulnerable to major depression and bipolar illness. Hormones and sleep cycles, which both change dramatically during adolescence, have an effect on mood and may partly explain why teens (especially girls) are particularly prone to depression. Believe it or not, as many as 20% of all teens have had depression that’s this severe at some point. The good news is that depression is treatable - most teens get better with the right help.

It’s not hard to see why serious depression and suicide are connected. Serious depression (with both major depression and bipolar illness) involves a long-lasting sad mood that doesn’t let up, and a loss of pleasure in things you once enjoyed. It also involves thoughts about death, negative thoughts about oneself, a sense of worthlessness, a sense of hopelessness that things could get better, low energy, and noticeable changes in appetite or sleep.

Depression also distorts a person’s viewpoint, allowing them to focus only on their failures and disappointments and to exaggerate these negative things. Depressed thinking can convince someone there is nothing to live for. The loss of pleasure that is part of depression can seem like further evidence that there’s nothing good about the present. The hopelessness can make it seem like there will be nothing good in the future; helplessness can make it seem like there’s nothing you can do to change things for the better. And the low energy that is part of depression can make every problem (even small ones) seem like too much to handle.

When major depression lifts because a person gets the proper therapy or treatment, this distorted thinking is cleared and they can find pleasure, energy, and hope again. But while someone is seriously depressed, suicidal thinking is a real concern. When teens are depressed, they often don’t realize that the hopelessness they feel can be relieved and that hurt and despair can be healed.

What Else Puts Teens at Risk for Suicide?

In addition to depression, there are other emotional conditions that can put teens at greater risk for suicide - for example, girls and guys with conduct disorder are at higher risk. This may be partly because teens with conduct disorder have problems with aggression and may be more likely than other teens to act in aggressive or impulsive ways to hurt themselves when they are depressed or under great stress. The fact that many teens with conduct disorder also have depression may partly explain this, too. Having both serious depression and conduct disorder increases a teen’s risk for suicide.

Substance abuse problems also put teens at risk for suicidal thinking and behavior. Alcohol and some drugs have depressive effects on the brain. Misuse of these substances can bring on serious depression, especially in teens prone to depression because of their biology, family history, or other life stressors.

Besides depressive effects, alcohol and drugs alter a person’s judgement. They interfere with the ability to assess risk, make good choices, and think of solutions to problems. Many suicide attempts occur when a teen is under the influence of alcohol or drugs. Teens with substance abuse problems often have serious depression or intense life stresses, too, further increasing their risk.

Life Stress and Suicidal Behavior

Let’s face it - being a teen is not easy for anyone. There are many new social, academic, and personal pressures. And for teens who have additional problems to deal with, life can feel even more difficult. Some teens have been physically or sexually abused, have witnessed one parent abusing another at home, or live with lots of arguing and conflict at home. Others witness violence in their neighborhoods. Many teens have parents who divorce, and others may have a parent with a drug or alcohol addiction.

Some teens are struggling with concerns about sexuality and relationships, wondering if their feelings and attractions are normal, if they will be loved and accepted, or if their changing bodies are developing normally. Others struggle with body image and eating problems, finding it impossible to reach a perfect ideal, and therefore having trouble feeling good about themselves. Some teens have learning problems or attention problems that make it hard for them to succeed in school. They may feel disappointed in themselves or feel they are a disappointment to others.

All these things can affect mood and cause some people to feel depressed or to turn to alcohol or drugs for a false sense of soothing. Without the necessary coping skills or support, these social stresses can increase the risk of serious depression and, therefore, of suicidal ideas and behavior. Teens who have had a recent loss or crisis or who had a family member who committed suicide may be especially vulnerable to suicidal thinking and behavior themselves.

Guns and Suicide Risk

Finally, having access to guns is extremely risky for any teen who has any of the other risk factors. Depression, anger, impulsivity, life stress, substance abuse, feelings of alienation or loneliness - all these factors can place a teen at major risk for suicidal thoughts and behavior. Availability of guns along with one or more of these risk factors is a deadly equation. Many teen lives could be saved by making sure those who are at risk don’t have access to guns.

Different Types of Suicidal Behaviors

Teen girls attempt suicide far more often (about nine times more often) than teen guys, but guys are about four times more likely to succeed when they try to kill themselves. This is because teen guys tend to use more deadly methods, like guns or hanging. Girls who try to hurt or kill themselves tend to use overdoses of medications or cutting. More than 60% of teen suicide deaths happen with a gun. But suicide deaths can and do occur with pills and other harmful substances and methods.

Sometimes a depressed person plans a suicide in advance. Many times, though, suicide attempts are not planned in advance, but happen impulsively, in a moment of feeling desperately upset. Sometimes a situation like a breakup, a big fight with a parent, an unintended pregnancy, being harmed by abuse or rape, being outed by someone else, or being victimized in any way can cause a teen to feel desperately upset. In situations such as these, teens may fear humiliation, rejection, social isolation, or some terrible consequence they think they can’t handle. If a terrible situation feels too overwhelming, a teen may feel that there is no way out of the bad feeling or the consequences of the situation. Suicide attempts can occur under conditions like this because, in desperation, some teens - at least for the moment - see no other way out and they impulsively act against themselves.

Sometimes teens who feel or act suicidal mean to die and sometimes they don’t. Sometimes a suicide attempt is a way to express the deep emotional pain they’re feeling in hopes that someone will get the message they are trying to communicate.

Even though a teen who makes a suicide attempt may not actually want or intend to die, it is impossible to know whether an overdose or other harmful action they may take will actually result in death or cause a serious and lasting illness that was never intended. Using a suicide attempt to get someone’s attention or love or to punish someone for hurt they’ve caused is never a good idea. People usually don’t really get the message, and it often backfires on the teen. It’s better to learn other ways to get what you need and deserve from people. There are always people who will value, respect, and love you - sure, sometimes it takes time to find them - but it is important to value, respect, and love yourself, too.

Unfortunately, teens who attempt suicide as an answer to problems tend to try it more than once. Though some depressed teens may first attempt suicide around age 13 or 14, suicide attempts are highest during middle adolescence. Then by about age 17 or 18, the rate of teen suicide attempts lowers dramatically. This may be because with maturity, teens have learned to tolerate sad or upset moods, have learned how to get support they need and deserve, and have developed better coping skills to deal with disappointment or other difficulties.

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A Primer on Medical Malpractice Lawsuits

April 26th, 2008

When the topic is medical malpractice, there is much more involved than simply answering the question did a medical care provider practice below the required standards of care.

Contrary to the press and public relations, the medical care givers win far more cases than they lose, sometime as much as 80-100% in any given month. It is not a drastic simplification to describe litigation as a hurdle race that often includes the unspoken media created prejudices and policies of a cynical jury pool. The injured party has to clear all of those hurdles to win. If the defendant’s attorney can trip the injured party on only one of those hurdles, the verdict goes to the defense.

Malpractice and PROVABLE medical malpractice are vastly different. Regrettably, “provability” is no small problem, given the many excuses and explanations available to the malpracticing care provider. Beyond that is the hard fact, provability is only one of the obstacles. A courtroom full of hurdles awaits the injured plaintiff that must be cleared before he or she can convince the jury that he or she deserves a positive verdict.

Winning not only involves proving the medical malpractice. It also requires convincing the jury that plaintiff’s definition or description of proper care is correct, as opposed to the explanations thrown at the jury by the defense. If the plaintiff can clear that hurdle, then he or she must prove that the medical malpractice caused the bad outcome, and not the initial injury, disease or “unavoidable” but predictable complication of the treatment or injury.

Also, the plaintiff’s attorney must convince the jury that the injury and residual problems of the medical malpractice are serious enough to make the jury want to award money damages. This is no small burden given the jurors’ own experiences, biases and preconceptions, insurance industry propaganda, and their concern for the verdict impact on their cost of medical care.

If this seems like a heavy load to carry, it’s only a part of the responsibility the plaintiff’s attorney takes on when agreeing to represent an injured patient. It is not only the merits of the facts and medicine that determine whether there will be lengthy litigation, a settlement, and/or a positive verdict; it is the many bumps in the road from the malpractice event to the courtroom, and the ability of the plaintiff and his or her attorney to navigate those bumps that will determine the outcome.

When an injured person seeks the assistance of a medical caregiver, the language of medicine is not the usual vocabulary of laypersons. If there is a medical malpractice dispute, the defense wants it fought in the defendant medical caregiver’s language, with the defendant knowing “where the egg is hidden”. Thus, the injured person must have his medical malpractice case argued, to a degree, in a strange land in a strange language. The “art” of it is for the plaintiff’s attorney to translate what happened into terms and actions that are not so mystical, but rather descriptive of what happened, but should not have.

Furthermore, the plaintiff must “defend” his or her health status against the built in defense that the medical problems were caused by the plaintiff’s medical condition and not substandard medical care.

At the center of the battle is that only one party has a script, and that is the medical record. The problem here is that the content of the record or chart is often written and controlled by the offending medical care provider and his or her associates. Between the patient and the medical caregiver, only the latter has records, supposedly created contemporaneously with the treatment events. However, sometimes portions of those records are made and completed later on, after the medical caregivers realize there may be a liability problem. The injured person’s knowledge and verbal description of the event is often different than what was written in the medical record. This provides the defendant with the argument that the records are correct because they were objectively put together before any knowledge of malpractice. Proving their inaccuracy and absence of objectivity can be a tough hurdle for the plaintiff’s attorney.

There are also the medical books/journals used after the fact by the defense attorney as a vast source of explanations and excuses that what actually happened was a known, but unfortunate and unavoidable complication having nothing to do with any medical error. The argument for the defense is that the excusing explanations must be believable and applicable since it is written in a medical book/journal.

Sometimes there is a decision by the defense not to resolve a legitimate medical malpractice claim. This may be based on the willingness of the defense to test the plaintiff’s resolve or the jury’s susceptibility to the many hurdles that will be thrown in front of the plaintiff. As was mentioned earlier, some of those obstacles are brought into the courtroom by the jury and involve prejudices or concerns that have been cultivated by an industry over time to induce jurors to use industry created beliefs in an attempt to defeat the patient/plaintiff’s claim.

Cases do not always go to trial on the merits of the medicine. The business of the insurance industry is to accept premiums to take financial risk. This often includes forcing a matter to trial, not because there was acceptable treatment, but rather on the calculated decision that the medical malpractice might not be easily proven or that the spoken and unspoken hurdles might sell to the jury.

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